Does a document have to be signed in the notarys presence?
The answer depends upon the type of notarization being performed. All notarizations fall into one of two basic categories: (1) acknowledgments and (2) jurats. (Not to worry; you don’t have to know which is which; that’s part of the notary’s job.) Documents requiring an acknowledgment do not have to be signed in the notary’s presence. However, the signer must appear before the notary to acknowledge that he or she freely signed the document. An acknowledgment certificate (completed by the notary) indicates that the signer personally appeared before the notary, was properly identified by the notary, and acknowledged to the notary that the document was freely signed. On the other hand, documents requiring a jurat must be signed in the notary’s presence, as indicated by typical jurat wording: “…subscribed and sworn to before me…” In executing a jurat, a notary guarantees that the signer personally appeared, was administered an oath or affirmation by the notary, and signed in the notary’
